Unlocking the Jargon: How AI Legalese Decoder Can Simplify C&P Advice and Prevent Surprising Outcomes
- May 7, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Disappointing Experience at C&P Exam
Had a 2 pm C&P exam scheduled for neck, back, and arm and leg nerve issues. Showed up at 1:48 PM. Was called back at 1:50 PM. No introduction by the examiner, half-ass medical exam, no goniometer used, no opportunity to discuss my issues or history. Examiner half-heartedly said “ok, the torture is over for today, now I have to dig into your VA file and make a recommendation, have a good day,” and left. He seemed personable, but like he didn’t give two shits about veterans or anything other than finishing C&P exams as fast as humanly possible. I was in my car driving away by 1:53 PM….
## Considering Next Steps and Possible Appeals
I guess it’s time to prepare for an appeal or HLR since the C&P exam was not conducted thoroughly. I’m shocked by the lack of attention to detail and thoroughness. Is there a chance for a different outcome if I pursue further action? Maybe I’ll be surprised by a different result?
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If no goniometer was used, report it. It’s required for any joint condition.
I’m not going to lie, choosing a female to see you for your c&p exams might be better when VERA asks. In my personal experience female doctors were way more compassionate and caring than male doctors. Not to say there aren’t amazing male doctors but this might make a huge difference in your claim. My male c&p examiner butchered my DBQ and downplayed all of my symptoms.
This is how all of my exams have been, but on the plus side, most came out in my favor.
Don’t read too much into it. You said he was personable, and he tried some humor. The key part was he said it was his turn, and he needed to dig in yo your files. That is a good thing. Maybe he got all he needed from you. The rest was the amount of time he would spend going over your files and filling out the questionnaires. If your medical evidence is good, you should be OK. Most of the time, they are quick. Just some questions and answers. I drove an hour and half about 2 weeks ago for a 20-30 exam. Everything was submitted and finalized the next week. All positive results. Stay positive
[https://www.reddit.com/r/VeteransBenefits/wiki/badex/#wiki_bad_examiner](https://www.reddit.com/r/VeteransBenefits/wiki/badex/#wiki_bad_examiner)
If you deem the C&P examiner “bad,” I would consider taking the steps in the link.
Report them, this is exactly the kind of misconduct from examiners that’s being investigated. The snide remark from the examiner about the “torture” being over is crazy, sheesh.
Friendly reminder from your r/VeteransBenefits mod team to **never** provide (Personally Identifiable Information) on reddit.
Anyone asking for it in a PM is likely trying to steal your identity.
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what was he referring to when he said “the torture”?
I would file a complaint anyway. Even if he gives you the outcome you want, do you really want him in control of other peoples outcomes?
Mines was very similar. He only checked my penis for the ED claim and spoke to me for about 5 minutes. I was ready to file a supplemental claim. But shocking all my claims were approved; OSA 50%, ED 0% SMC_k, Lumbar DDD 10%, Cervical DDD 10%, and GERD 10%. I still put in supplemental for the 2 DDD claims and GERD. But I didn’t complain about him at all. Yours might be the same. Some doctors are a little lazy, like mine, but are still on the veterans’ side.
What company did you do your c&p through? I’m using optum and they sent me a letter that stated something like appt is no less than 60 mins
Write an Memo for record and submit it to VA. You can do just a letter or do it on a 4138. Go see your VSO
The c & p exam my husband had went better than expected. The doctor said the military hadn’t sent any papers on any of the vets since Covid. He had no Va notes. He diagnosed him with every condition we came in through the door with. The results might shock you but I know it’s nerve racking.
May be nothing to it. I got this info from a reputable source. Lots of contractor C&Ps are scheduled for 90 mins at about $240-$300+ per session. Sometimes, they schedule more than would fit in an 8 hr day. I’m sure you get the point if you do the math. Mine went the same way. It was about 12 min from time I walked into the exam room till I was back in the car. I was good to go.
This whole system needs to be overhauled! Senators need to look at this!
My CP exam at the VA was similar to this. Although longer, I had somewhat of an exam. The examiner was trash.
Yup same thing here, increase for worsening of condition which lead to abdominal surgery. C&P Doc didn’t even ask me to lift my shirt. Spent more time parking than in the actual exam.
Not necessarily. Similar situation…approved for 3 out of 4 claims. The one I was denied, I knew I probably would be due to lack of current diagnosis even though I have evidence…rolled the dice hoping the examiner would diagnose…no dice lol…don’t do that…ever. So, you have a chance!
Document specific quotes and concerns for an HLR
If he had you do anything other than “Stand At Attention”, the goniometer should have been used. If an examiner has you bend forward, backward, look left, right, up or down, it “has to be used”…
Based on VA rules, a person cannot be properly diagnosed or treated without it’s use, the findings written, and compared to past and future exams. Texas requires it for Workers Comp claims.
That alone may be enough to get you a favorable finding IF you receive a denial or low % claim.
One VA Examiner kept telling me to do certain things, or trying to check things when evaluating my back. I am a Right Below Knee Amputee. Some things I can do, and some things just don’t work. I reminded him about the amputation each time. Like checking for reflex when tapping the knee. The prosthesis is too heavy for my short leg to move! This was IN the VA by a VA Doc. This is a claim that’s under appeal/Judicial Review right now.
Keep reading, writing, and asking questions here. I always plan for another appeal, and start to put it together way ahead of time.
Where was this Florida?
I had this happen with a MH exam recently. I was so mad and wrote my VSO, called VERA, asked about it on here. Finally got the DBQ and it rated at 70%. So I think you just never know. I had a lot of evidence and treatments in my files though.
Just wait and see. Don’t stress it too much right now. The irony for me has been that the worse the exam, the more favorable the outcome. Sending you positive vibes.
In your car in 3 mins!?! No way lol
Don’t worry. It all depends what he feels like writing on your C&P anyways and nothing to do with your condition. Then the rater will flip a coin. That’s how these things work.
My experience was that their attitudes and their medical opinions didn’t line up. My mental examiner was really dry and distant to almost dismissive, but when I finally requested to read his notes almost two years later the guy really went into detail about the negative effects and long term ramifications and stressed the importance of me getting help ASAP.
Sometimes good doctors have bad bedside skills 🤷🏽♂️
Have a letter drafted detailing what happened.
Get a copy of your “C” file after you receive your rating via the Freedom of Information Act. The examiner will list what section of the regulation they are applying to your case.
Research the section of the regulation thoroughly so that you are well armed during your appeal.
Consider asking a lawyer who specializes in case review and is allowed to practice in your state. There is usually a fee based on winning the appeal
You should report him for his non-evaluation.
I had a CP exam for apnea around 4 months ago. Examiner seemed irritated and uninterested. She asked a few questions off the DBQ and it was over in ten minutes. gave me a bad feeling and I was sure I would get denied. Got service connected. It all seems so random.
Report it…asap
are you in the fort liberty area by any chance? I had an “experience” the other day with an examiner. when i walked in he asked a couple of questions then said ” this is the same old thing, we know what you guys are going to say before you even say it.” from then on it was a very strange borderline argumentative appointment. He even looked at what another examiner had said during a previous appointment and said “there is no way i would have ever given you that diagnosis”. I chalked it up to another great VA experience. Luckily the VA sends feedback requests by mail with the examiner’s info by name. Just got mine and will be sure to fill it out accordingly. I do not like these exams either, but nothing worst than trying to justify and link a known issue, and just being talked down to the whole time but trying to remain composed in hopes of a successful examination.
Don’t read much into this.
You notice how he told you he was digging into your file??
That’s an examiner that actually gives a shit. They’re not all fluffy and shit, but that’s the kind to get the DBQ done.
I had one experience like this. I parked my car in a lot which cost $32 for an hour (NYC). Was in the office within 3 minutes of parking. Sat in the waiting room for 2 minutes. Doctor called me. I spent no more than 3 minutes with him. I asked if he’d like me to go into details and he said “no that’s fine, we’re done here.” I was back to my car about 12 minutes after parking.
I considered calling the VBA to complain cause I felt like it was going to be denied but I figured I’d see how
It played out. Luckily my STR, private medical record, and supporting evidence carried me through. This was for IBS &GERD. I was rated 30% combined for the two. Just glad I can get medical help for these.
Good luck!
I got a MEB and the exam went a lot like that. I’m 100%. They gave me 30% back and hip combined. But tacking in bilateral radiculopathy a d a ton of other things that were broken over the years I’m 100% p/t. Expect the worst from them still so you’re surprised when it’s not worst case scenario.
Sounds like my experience, except my doctor didn’t say a word to me really. I’m
P&T, don’t stress, if you’re that banged up and have the records just let it ride; it should turn out how it should.
That’s gross medical negligence since he was rendering diagnosis, regardless of any treatment being done. If he does a good job, then let go. If he screws you, then file complaints with VA, his VA contract employer, and to top it off, with the state medical board or who ever issued his license. They are cracking down on these doctors working for C&P contractors. He’s supposed to read your file BEFORE you get examined by him. Sounds like a lazy prick.
You can request a new C&P instead of waiting to file an HLR.
I can relate. Mine wrote that I was out in 2012 and the incident occurred in 2015 at PT but I was out. (I was out in 2017… so either he’s dumb or just ignorant.) so I’m guessing whomever read his report took that and ran with it without checking the dates.
Those people don’t give a rats ass about us veterans. Same thing happen to me on my C&P. No introduction, examiner didn’t seem to care about ten minutes and she said ok you can go now. I was freiking so pissed off but I kept my cool. Needless to say that I went there before and they cancelled my appointment while I was in the waiting room. Unsat individuals. Semper Fi
Had the same thing happen to me yesterday. Drove 50 minutes to an appointment for a C&P and an xray. Sat and waited for 5. Got in there and the examiner asked 4 questions and measured ROM for my hip. Took about 6 minutes. Then I’m told the xray tech isn’t in and I’ve got to drive 45 the opposite way to get it done. It took longer to schedule the xray than it did for my exam smh.
We’ll see how it goes though 🤷🏽♂️
I have all the issues you named. The proof is in your mri’s and medical records. The doctor doesn’t need shit of commentary from you. He just needs to make sure what’s service connected and what is not….
You need to find a Pain Management doctor/facility. They will have technology that the VA doesn’t have. Like the EMG Nerve testing machine. I took the results of that to my C&P exam and when I left I knew I had 100….
This is why it helps to go to therapy and have them measure you and document every session. If you have these treatment records from your physical therapist, C&P examiner will probably not even touch you.